Docket No. 81650-6 Facts: Petitioner Troy Stubbs was convicted of first degree assault in the Superior Court for Pend Oreille County. As the assault had left the victim paralyzed, the trial court imposed an exceptional sentence pursuant to Washington Revised Code §9.94A.535 Continue reading
Daily Archives: Tuesday, March 9, 2010
State v. Nason
Docket No. 82333-2 Synopsis: Whether the trial court violated an offender’s due process rights when it ordered him to report to jail and serve a period of incarceration if he failed to pay his legal financial obligations by a certain future date. Continue reading
Yakima County v. Yakima Herald Republic
Docket No. 82229-8 Facts: The petitioner Yakima Herald-Republic requested, pursuant to Washington’s Public Records Act (Washington Revised Code §42.56), records from the respondent Yakima County related to the defense at public expense of two indigent defendants in a murder case. Continue reading
Washington v. Ibarra-Cisneros
Docket No. 82219-1 Facts: The home of Adrian Ibarra-Raya, the brother of petitioner Gilberto Ibarra-Cisneros, was subjected to a warrantless search by police officers that revealed marijuana and resulted in Ibarra-Raya’s arrest. Police officers subsequently used Ibarra-Raya’s cellular phone to arrange a meeting with Ibarra-Cisneros that resulted in his arrest when he was found to be in possession of cocaine. Ibarra-Raya and Ibarra-Cisneros were subsequently convicted in the Superior Court for Walla Walla County of possession of marijuana with intent to deliver and possession of cocaine, respectively. Both appealed and the Washington Court of Appeals reversed Ibarra-Raya’s conviction but affirmed Ibarra-Cisneros’s conviction. The Washington Court of Appeals held that while the warrantless search of Ibarra-Raya’s home was unlawful and the evidence derived from it therefore inadmissible, the evidence found in Ibarra-Cisneros’s possession was too attenuated from the search to be subject to the exclusionary rule. Continue reading